Well ... let me try to answer that.

The tenancy contract needs to be signed. Otherwise, it is not enforceable. You cannot use it to sue the other party for non-compliance.

So what happens if at the end of the tenancy, you decided to get it signed, nearly 3 years late? Well, you pay the penalty and get it stamped, and then it is no longer not enforceable because it wasn't stamped. Because it would be stamped. The stamping office wouldn't refuse to stamp it because it's so late. They'll just apply the penalty.

Why then, doesn't everybody simply don't stamp the tenancy, and only do it after there's a problem? The penalty is only 20% after all. Chances of a problem are usually pretty low. Few tenancy disputes actually end up in court. If you can stamp it at anytime before you have to bring the document to court, at the cost of only 20% penalty, why doesn't everybody just do this, and deprive the tax office of their revenue?

Usually, it is the tenant who pays the stamp duty. All of it. The landlord will naturally insists that the law be followed and the tenancy agreement be stamped. It costs him nothing. And if he waits till he needs it stamped because he wants to bring a court action, then it would be HIM who has to pay the stamp duty and penalty. It would be difficult for the tenant to refuse, and tell the landlord that he would like to break the law, at the start of their relationship.


BTW: TS, good job. Very helpful guide. I'm bookmarking this.

This post has been edited by zeb kew: Dec 6 2015, 08:14 PM

I haven't seen any actual surveys, but my feeling is, many more residential tenancies are not stamped compared to commercials properties. I have seen many tenancies that were not stamped.

I've read again what I posted, and it may sound like I was encouraging people to not stamp their tenancies. I should disclose one thing. It is all just conjecture. I have never done this myself, whichever side of the tenancy I had been on. This is because the stamp duty is very small, when compared to the monthly rental and deposits. THAT should be an indicator of my recommendation on whether you should get your tenancies stamped.

One thing to point out is that if anyone already have a tenancy that wasn't stamped, and they are already a year past the start of the tenancy, that tenancy agreement is not simply rubbish and useless. Do not throw it away. You can still get it stamped, and at that point, the technical defect has been rectified.

What is Sections 3A, 4A, 9, 60 – 74? Which act is this. That jail term is going to be a nice surprise.

Yes. The police. People are breaking into your home. Change the locks.

How did you know they are entering your rooms if you were not there? How do you know they were sent by the agent? I presume you're not there because you said they're entering without your knowledge. If they knocked on the door and you let them in, well ... you gave permission. Next time, ask them why before letting them come in.

Is the electricity account in your name or in your tenant's name?